School attendance; require for children unable to score a 21 or higher on ACT until the child reaches 18 years of age.

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To: Education
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Representative Scott

HOUSE BILL NO. 91

AN ACT TO REQUIRE CHILDREN WHO ARE YOUNGER THAN 18 YEARS OLD 1
TO TAKE THE ACT ASSESSMENT PRIOR TO DROPPING OUT OF SCHOOL; TO 2
PROVIDE THAT IF THE CHILD CANNOT ATTAIN A CERTAIN ACT SCORE THEY 3
SHALL BE INCLUDED IN THE COMPULSORY SCHOOL ATTENDANCE LAW UNTIL 4
THEY REACH 18 YEARS OF AGE; TO PROVIDE PENALTIES FOR THE PARENTS 5
OF CHILDREN WHO ARE REQUIRED TO ATTEND SCHOOL UNTIL REACHING 18 6
YEARS OF AGE AND MISS A CERTAIN NUMBER OF CONSECUTIVE DAYS; TO 7
AMEND SECTION 37-13-91, MISSISSIPPI CODE OF 1972, IN CONFORMITY 8
THERETO; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. Any child under the age of eighteen (18) years of 11
age who chooses to drop out of school shall first take the 12
American College Testing (ACT) test. It is the responsibility of 13
the school attendance officer of the district where the child 14
resides to ensure that a child who chooses to drop out of school 15
takes the ACT. If such child fails to attain a score of 16
twenty-one (21) on the test, or a score of eighteen (18) in the 17
case of a child who last attended a failing school, defined as a 18
school which received a "D" or "F" rating, the child shall be 19
required to attend school until the age of eighteen (18) in 20
accordance with Section 37-13-91. 21
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SECTION 2. Section 37-13-91, Mississippi Code of 1972, is 22
amended as follows: 23
37-13-91. (1) This section shall be referred to as the 24
"Mississippi Compulsory School Attendance Law." 25
(2) The following terms as used in this section are defined 26
as follows: 27
(a) "Parent" means the father or mother to whom a child 28
has been born, or the father or mother by whom a child has been 29
legally adopted. 30
(b) "Guardian" means a guardian of the person of a 31
child, other than a parent, who is legally appointed by a court of 32
competent jurisdiction. 33
(c) "Custodian" means any person having the present 34
care or custody of a child, other than a parent or guardian of the 35
child. 36
(d) "School day" means not less than five and one-half 37
(5-1/2) and not more than eight (8) hours of actual teaching in 38
which both teachers and pupils are in regular attendance for 39
scheduled schoolwork. 40
(e) "School" means any public school, including a 41
charter school, in this state or any nonpublic school in this 42
state which is in session each school year for at least one 43
hundred eighty (180) school days, except that the "nonpublic" 44
school term shall be the number of days that each school shall 45
require for promotion from grade to grade. 46
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(f) "Compulsory-school-age child" means a child who has 47
attained or will attain the age of six (6) years on or before 48
September 1 of the calendar year and who has not attained the age 49
of seventeen (17) years on or before September 1 of the calendar 50
year; and shall include any child who has attained or will attain 51
the age of five (5) years on or before September 1 and has 52
enrolled in a full-day public school kindergarten program; and 53
shall include any child who is under the age of eighteen (18) and 54
chooses to drop out of public school but cannot attain the minimum 55
required ACT score as provided in Section 1 of this act. 56
(g) "School attendance officer" means a person employed 57
by the State Department of Education pursuant to Section 37-13-89. 58
(h) "Appropriate school official" means the 59
superintendent of the school district, or his designee, or, in the 60
case of a nonpublic school, the principal or the headmaster. 61
(i) "Nonpublic school" means an institution for the 62
teaching of children, consisting of a physical plant, whether 63
owned or leased, including a home, instructional staff members and 64
students, and which is in session each school year. This 65
definition shall include, but not be limited to, private, church, 66
parochial and home instruction programs. 67
(3) A parent, guardian or custodian of a 68
compulsory-school-age child in this state shall cause the child to 69
enroll in and attend a public school or legitimate nonpublic 70
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school for the period of time that the child is of compulsory 71
school age, except under the following circumstances: 72
(a) When a compulsory-school-age child is physically, 73
mentally or emotionally incapable of attending school as 74
determined by the appropriate school official based upon 75
sufficient medical documentation. 76
(b) When a compulsory-school-age child is enrolled in 77
and pursuing a course of special education, remedial education or 78
education for children with physical or mental disadvantages or 79
disabilities. 80
(c) When a compulsory-school-age child is being 81
educated in a legitimate home instruction program. 82
The parent, guardian or custodian of a compulsory-school-age 83
child described in this subsection, or the parent, guardian or 84
custodian of a compulsory-school-age child attending any charter 85
school or nonpublic school, or the appropriate school official for 86
any or all children attending a charter school or nonpublic school 87
shall complete a "certificate of enrollment" in order to 88
facilitate the administration of this section. 89
The form of the certificate of enrollment shall be prepared 90
by the Office of Compulsory School Attendance Enforcement of the 91
State Department of Education and shall be designed to obtain the 92
following information only: 93
(i) The name, address, telephone number and date 94
of birth of the compulsory-school-age child; 95
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(ii) The name, address and telephone number of the 96
parent, guardian or custodian of the compulsory-school-age child; 97
(iii) A simple description of the type of 98
education the compulsory-school-age child is receiving and, if the 99
child is enrolled in a nonpublic school, the name and address of 100
the school; and 101
(iv) The signature of the parent, guardian or 102
custodian of the compulsory-school-age child or, for any or all 103
compulsory-school-age child or children attending a charter school 104
or nonpublic school, the signature of the appropriate school 105
official and the date signed. 106
The certificate of enrollment shall be returned to the school 107
attendance officer where the child resides on or before September 108
15 of each year. Any parent, guardian or custodian found by the 109
school attendance officer to be in noncompliance with this section 110
shall comply, after written notice of the noncompliance by the 111
school attendance officer, with this subsection within ten (10) 112
days after the notice or be in violation of this section. 113
However, in the event the child has been enrolled in a public 114
school within fifteen (15) calendar days after the first day of 115
the school year as required in subsection (6), the parent or 116
custodian may, at a later date, enroll the child in a legitimate 117
nonpublic school or legitimate home instruction program and send 118
the certificate of enrollment to the school attendance officer and 119
be in compliance with this subsection. 120
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For the purposes of this subsection, a legitimate nonpublic 121
school or legitimate home instruction program shall be those not 122
operated or instituted for the purpose of avoiding or 123
circumventing the compulsory attendance law. 124
(4) An "unlawful absence" is an absence for an entire school 125
day or during part of a school day by a compulsory-school-age 126
child, which absence is not due to a valid excuse for temporary 127
nonattendance. For purposes of reporting absenteeism under 128
subsection (6) of this section, if a compulsory-school-age child 129
has an absence that is more than thirty-seven percent (37%) of the 130
instructional day, as fixed by the school board for the school at 131
which the compulsory-school-age child is enrolled, the child must 132
be considered absent the entire school day. Days missed from 133
school due to disciplinary suspension shall not be considered an 134
"excused" absence under this section. This subsection shall not 135
apply to children enrolled in a nonpublic school. 136
Each of the following shall constitute a valid excuse for 137
temporary nonattendance of a compulsory-school-age child enrolled 138
in a noncharter public school, provided satisfactory evidence of 139
the excuse is provided to the superintendent of the school 140
district, or his designee: 141
(a) An absence is excused when the absence results from 142
the compulsory-school-age child's attendance at an authorized 143
school activity with the prior approval of the superintendent of 144
the school district, or his designee. These activities may 145
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include field trips, athletic contests, student conventions, 146
musical festivals and any similar activity. 147
(b) An absence is excused when the absence results from 148
illness or injury which prevents the compulsory-school-age child 149
from being physically able to attend school. 150
(c) An absence is excused when isolation of a 151
compulsory-school-age child is ordered by the county health 152
officer, by the State Board of Health or appropriate school 153
official. 154
(d) An absence is excused when it results from the 155
death or serious illness of a member of the immediate family of a 156
compulsory-school-age child. The immediate family members of a 157
compulsory-school-age child shall include children, spouse, 158
grandparents, parents, brothers and sisters, including 159
stepbrothers and stepsisters. 160
(e) An absence is excused when it results from a 161
medical or dental appointment of a compulsory-school-age child. 162
(f) An absence is excused when it results from the 163
attendance of a compulsory-school-age child at the proceedings of 164
a court or an administrative tribunal if the child is a party to 165
the action or under subpoena as a witness. 166
(g) An absence may be excused if the religion to which 167
the compulsory-school-age child or the child's parents adheres, 168
requires or suggests the observance of a religious event. The 169
approval of the absence is within the discretion of the 170
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superintendent of the school district, or his designee, but 171
approval should be granted unless the religion's observance is of 172
such duration as to interfere with the education of the child. 173
(h) An absence may be excused when it is demonstrated 174
to the satisfaction of the superintendent of the school district, 175
or his designee, that the purpose of the absence is to take 176
advantage of a valid educational opportunity such as travel, 177
including vacations or other family travel. Approval of the 178
absence must be gained from the superintendent of the school 179
district, or his designee, before the absence, but the approval 180
shall not be unreasonably withheld. 181
(i) An absence may be excused when it is demonstrated 182
to the satisfaction of the superintendent of the school district, 183
or his designee, that conditions are sufficient to warrant the 184
compulsory-school-age child's nonattendance. However, no absences 185
shall be excused by the school district superintendent, or his 186
designee, when any student suspensions or expulsions circumvent 187
the intent and spirit of the compulsory attendance law. 188
(j) An absence is excused when it results from the 189
attendance of a compulsory-school-age child participating in 190
official organized events sponsored by the 4-H or Future Farmers 191
of America (FFA). The excuse for the 4-H or FFA event must be 192
provided in writing to the appropriate school superintendent by 193
the Extension Agent or High School Agricultural Instructor/FFA 194
Advisor. 195
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(k) An absence is excused when it results from the 196
compulsory-school-age child officially being employed to serve as 197
a page at the State Capitol for the Mississippi House of 198
Representatives or Senate. 199
(5) Any parent, guardian or custodian of a 200
compulsory-school-age child subject to this section who refuses or 201
willfully fails to perform any of the duties imposed upon him or 202
her under this section or who intentionally falsifies any 203
information required to be contained in a certificate of 204
enrollment, shall be guilty of contributing to the neglect of a 205
child and, upon conviction, shall be punished in accordance with 206
Section 97-5-39. 207
Upon prosecution of a parent, guardian or custodian of a 208
compulsory-school-age child for violation of this section, the 209
presentation of evidence by the prosecutor that shows that the 210
child has not been enrolled in school within eighteen (18) 211
calendar days after the first day of the school year of the public 212
school which the child is eligible to attend, or that the child 213
has accumulated twelve (12) unlawful absences during the school 214
year at the public school in which the child has been enrolled, 215
shall establish a prima facie case that the child's parent, 216
guardian or custodian is responsible for the absences and has 217
refused or willfully failed to perform the duties imposed upon him 218
or her under this section. However, no proceedings under this 219
section shall be brought against a parent, guardian or custodian 220
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of a compulsory-school-age child unless the school attendance 221
officer has contacted promptly the home of the child and has 222
provided written notice to the parent, guardian or custodian of 223
the requirement for the child's enrollment or attendance. 224
(6) If a compulsory-school-age child has not been enrolled 225
in a school within fifteen (15) calendar days after the first day 226
of the school year of the school which the child is eligible to 227
attend or the child has accumulated five (5) unlawful absences 228
during the school year of the public school in which the child is 229
enrolled, the school district superintendent, or his designee, 230
shall report, within two (2) school days or within five (5) 231
calendar days, whichever is less, the absences to the school 232
attendance officer. The State Department of Education shall 233
prescribe a uniform method for schools to utilize in reporting the 234
unlawful absences to the school attendance officer. The 235
superintendent, or his designee, also shall report any student 236
suspensions or student expulsions to the school attendance officer 237
when they occur. 238
(7) When a school attendance officer has made all attempts 239
to secure enrollment and/or attendance of a compulsory-school-age 240
child and is unable to effect the enrollment and/or attendance, 241
the attendance officer shall file a petition with the youth court 242
under Section 43-21-451 or shall file a petition in a court of 243
competent jurisdiction as it pertains to parent or child. 244
Sheriffs, deputy sheriffs and municipal law enforcement officers 245
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shall be fully authorized to investigate all cases of 246
nonattendance and unlawful absences by compulsory-school-age 247
children, and shall be authorized to file a petition with the 248
youth court under Section 43-21-451 or file a petition or 249
information in the court of competent jurisdiction as it pertains 250
to parent or child for violation of this section. The youth court 251
shall expedite a hearing to make an appropriate adjudication and a 252
disposition to ensure compliance with the Compulsory School 253
Attendance Law, and may order the child to enroll or re-enroll in 254
school. The superintendent of the school district to which the 255
child is ordered may assign, in his discretion, the child to the 256
alternative school program of the school established pursuant to 257
Section 37-13-92. 258
(8) The State Board of Education shall adopt rules and 259
regulations for the purpose of reprimanding any school 260
superintendents who fail to timely report unexcused absences under 261
the provisions of this section. 262
(9) Notwithstanding any provision or implication herein to 263
the contrary, it is not the intention of this section to impair 264
the primary right and the obligation of the parent or parents, or 265
person or persons in loco parentis to a child, to choose the 266
proper education and training for such child, and nothing in this 267
section shall ever be construed to grant, by implication or 268
otherwise, to the State of Mississippi, any of its officers, 269
agencies or subdivisions any right or authority to control, 270
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ST: School attendance; require for children
unable to score a 21 or higher on ACT until the
child reaches 18 years of age.
manage, supervise or make any suggestion as to the control, 271
management or supervision of any private or parochial school or 272
institution for the education or training of children, of any kind 273
whatsoever that is not a public school according to the laws of 274
this state; and this section shall never be construed so as to 275
grant, by implication or otherwise, any right or authority to any 276
state agency or other entity to control, manage, supervise, 277
provide for or affect the operation, management, program, 278
curriculum, admissions policy or discipline of any such school or 279
home instruction program. 280
SECTION 3. This act shall take effect and be in force from 281
and after July 1, 2026. 282